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(영문) 부산지방법원 동부지원 2018.11.30 2018고단1985
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. On October 5, 2018, the Defendant: (a) around 16:35, the victim C’s “D main points” in the Busan Metropolitan City Shipping Daegu-B; (b) expressed a desire for drinking alcohol to the public; (c) exercised the violence of defects that one of them intends to out; and (d) expressed a large voice; and (c) followed the police dispatched upon receipt of a 112 report, the Defendant was not required to have the police sent.

It can be said that there has been a lot of accidents.

The victim interfered with the victim's main business by force over about 10 minutes, such as excluding and putting a bath, etc., leading the victim to his/her failure.

2. At around 16:45 on the same day, the Defendant obstructed the police officer’s legitimate execution of duties concerning the handling of the report of 112 cases by assaulting the Defendant, such as “When he/she is punished for any fessing the F, he/she shall be punished.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. C’s statement;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to field images);

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and the choice of imprisonment for each crime;

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes have committed violence exceeding 20 times so far, and the five-time crimes interfering with the performance of official duties.

The defendant has been sentenced to the punishment heavier than that of the suspension of execution, two times as a penalty, and four times as a suspended sentence.

On July 25, 2017, the Defendant was sentenced to a suspended sentence of one year for six months as a crime of assault in the Busan District Court's Dong Branch. The period of the suspended sentence has elapsed, and the instant crime was committed only for two months.

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